Scott Statement on NLRB’s Proposed Rule to Stall Union Elections

WASHINGTON – Chairman Bobby Scott (VA-03) issued the following statement after the National Labor Relations Board (NLRB) issued a final rule rescinding key portions of the 2014 Election Rule, which prohibits employers from delaying or obstructing union elections.

“In 2014, the Obama administration delivered a major victory for American workers by protecting their right to hold fair and timely union elections. Five years later, the Trump administration is erasing that victory by restoring employers’ power to undermine workers’ ability to organize and negotiate for decent wages, benefits, and working conditions. This major rewrite of the election rules was enacted with no notice to the public, no opportunity for public comments, and no evidence-based explanation.

“Unfortunately, the NLRB’s new rule is the most recent example of how the Trump administration is failing to keep its promise to fight for American workers.

“Without the commonsense guidelines in the 2014 Elections Rule, anti-union companies will once again be emboldened to frustrate union elections, effectively denying employees the rights guaranteed by the National Labor Relations Act. In particular, the rule allows employers to delay union elections through protracted litigation, further weakening workers’ collective bargaining rights and eroding their power in the workplace.

“Workers represented by labor unions consistently enjoy higher pay, better benefits, and safer working conditions. Protecting workers’ right to join a union is critical to rebuilding the middle class and ensuring that hardworking people receive a fair share of the profits they produce.”

Under the new rule, the minimum time between the filing of a petition for an election and the actual election was extended from 15 to 55 days. According to studies, the longer the delay prior to an election, the more often employers commit unfair labor practices, including firing or otherwise coercing union supporters. A 2019 studyfound that US employers are charged with violating labor law in more than 41 percent of all union elections.

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